Research On Legal Regulation Of Unfair Competition Behavior In Live Network Broadcasting

With the continuous promotion of the government to speed up the network,reduce fees and upgrade the network infrastructure,the network speed will beer and more stable,and the development prospects of live network broadcasting will be considerable.While gaining people's attention,the network live broadcasting industry suffers from a series of disorders.The market mechanism of the network live broadcasting industry is out of order.As far as the legal regulation of competition is concerned,in addition to the Anti-Unfair Competition Law,which is the basic law of the market,there are also provisions regulating unfair competition in the relevant specialized normative documents.On the one hand,the general provisions of China's newly revised Anti-Unfair Competition Law still have limitations,the main body of law enforcement in the network live broadcasting industry is not clear,and there is a lack of restrictions on the application of ordering the cessation of illegal acts.On the other hand,the relevant administrative departments have formulated many normative documents to regulate the order of the network live broadcasting market.However,the legislative level of these normative documents is low,the norms are not comprehensive,and the lack of relevant specific provisions leads to the failure of legislative purposes.There are some problems such as overweight censorship obligation of network live broadcasting platform,difficulty in dividing legal liability of unfair competition behavior in network live broadcasting,and self-discipline of network live broadcasting industry to be strengthened.In order to safeguard the legitimate rights and interests of operators and consumers and provide more perfect competition law regulation for the orderly operation of the network live broadcasting market in China,the following suggestions are put forward in view of the existing problems in legislation,law enforcement and judicial practice:Firstly,aiming at the uncertainties in the regulation of the new type of unfair competition in the network live broadcasting by general clauses,this paper holds that the concretization of general clauses should be further strengthened.Considering the particularity of the network live broadcasting industry,it is suggested that when applying general clauses to identify the new type of unfair competition,efficiency factors should be included to balance public interests,operators' interests and consumers' interests and make profits.After weighing the benefits,we can get the criterion of whether the competition is justified or not.Secondly,it is suggested to clarify the main body of competition law enforcement in the field of live network broadcasting and to use cautious orders to stop illegal activities in the field of live network broadcasting.Thirdly,it is suggested that the responsibility of the signing and non-signing hosts should be clearly defined in the network live broadcasting.Finally,it is suggested to strengthen the socialsupervision of the network live broadcasting industry,including the establishment of a technical review mechanism of the network live broadcasting platform,and the strengthening of self-discipline of the network live broadcasting industry.